Terms Used In Louisiana Revised Statutes 22:1854

  • Claim: means a request by a pharmacist for payment by a health insurance issuer. See Louisiana Revised Statutes 22:1852
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Department: means the Department of Insurance. See Louisiana Revised Statutes 22:1852
  • Electronic claim: means the transmission of data for purposes of payment of covered prescription drugs, other products and supplies, and pharmacist services in an electronic data format specified by a health insurance issuer and approved by the department. See Louisiana Revised Statutes 22:1852
  • Health insurance issuer: means an insurance company, including a health maintenance organization as defined and licensed pursuant to Subpart I of Part I of Chapter 2 of this Title, unless preempted as an employee benefit plan under the Employee Retirement Income Security Act of 1974. See Louisiana Revised Statutes 22:1852
  • Pharmacist: means an individual currently licensed as a pharmacist by the Louisiana Board of Pharmacy to engage in the practice of pharmacy in this state. See Louisiana Revised Statutes 22:1852

A.  Any claim for payment for covered prescription drugs, other products and supplies, and pharmacist services submitted by a pharmacist or pharmacy to a health insurance issuer as an electronic claim that is  electronically adjudicated shall be paid not later than the fifteenth day after the date on which the claim was electronically adjudicated.  If the governor declares a state of emergency pursuant to La. Rev. Stat. 29:724, the time period prescribed in this Subsection shall be interrupted during the continuance of the state of emergency for any claims office which is located in the territorial limits of the declared state of emergency.

B.  Health insurance issuers shall have appropriate handling procedures approved by the department for the acceptance of electronic claim submissions.  Such procedures shall include:

(1)  A process for electronically dating the time and date of actual receipt of electronic claims.

(2)  A process for reviewing electronic review of transmitted claims for accuracy and acceptability.

(3)  A process for reporting all claims rejected during electronic transmission and the reason for the rejection.

C.  Health insurance issuers shall establish appropriate procedures approved by the department to assure that any claimant who is not paid within the time frame specified in this Section receives a late payment adjustment equal to one percent of the amount due.  For any period greater than twenty-five days following the time frames specified in this Section, the health insurance issuer shall pay an additional late payment adjustment equal to one percent of the unpaid balance due for each month or partial month that such claim remains unpaid.

Acts 2004, No. 876, §1, eff. Jan. 1, 2005; Acts 2005, No. 209, §1, eff. July 1, 2005; Redesignated from La. Rev. Stat. 22:250.54 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.